C-220 (45-1) - An Act to amend the Criminal Code (immigration status in sentencing)
Chamber
commons
Stage
2nd Reading
Introduced
Sep 17, 2025
Progress
This bill would ban courts from considering how a sentence might affect a non-citizen's immigration status when sentencing.
Key Changes
- Adds a new section (718.202) to the Criminal Code
- Prohibits courts from considering the potential immigration consequences of a sentence on a non-citizen offender
- Prohibits courts from considering the potential immigration consequences on the offender's family members
- Applies specifically to offenders who are not Canadian citizens
Gotchas
- Currently, some courts have considered immigration consequences as a mitigating factor in sentencing; this bill would eliminate that practice for non-citizens.
- The bill could result in non-citizens receiving sentences that automatically trigger deportation under immigration law, without the court being able to adjust the sentence to avoid that outcome.
- The bill applies to family members' immigration status as well, meaning courts could not reduce a sentence to prevent a family from being separated due to deportation.
- There may be a tension between this bill and the principle of individualized sentencing, which generally allows judges to consider an offender's personal circumstances.
- The bill does not affect immigration proceedings themselves — it only restricts what courts may consider during criminal sentencing.
Who's Affected
- Non-citizen residents of Canada (e.g., permanent residents, temporary residents) who are convicted of crimes
- Family members of non-citizen offenders whose immigration status could be affected
- Judges and courts conducting criminal sentencing
- Immigration lawyers and criminal defence lawyers
Vibes
0 responses
Gotchas
- Currently, some courts have considered immigration consequences as a mitigating factor in sentencing; this bill would eliminate that practice for non-citizens.
- The bill could result in non-citizens receiving sentences that automatically trigger deportation under immigration law, without the court being able to adjust the sentence to avoid that outcome.
- The bill applies to family members' immigration status as well, meaning courts could not reduce a sentence to prevent a family from being separated due to deportation.
- There may be a tension between this bill and the principle of individualized sentencing, which generally allows judges to consider an offender's personal circumstances.
- The bill does not affect immigration proceedings themselves — it only restricts what courts may consider during criminal sentencing.
Summary
Bill C-220 proposes to amend the Criminal Code to prevent judges from factoring in a person's immigration status — or the immigration status of their family members — when deciding on a sentence for a non-Canadian citizen convicted of a crime. Currently, Canadian courts have some discretion in sentencing and may consider various personal circumstances, which some have interpreted to include potential immigration consequences like deportation. This bill would explicitly remove that consideration from the sentencing process for non-citizens. The bill was introduced by Conservative MP Michelle Rempel Garner. It appears aimed at ensuring that sentences are applied consistently regardless of whether a conviction might trigger immigration consequences such as removal from Canada.
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Vibes
0 responses